FLAMEGROWER LLC ®
5100 WESTHEIMER RD, SUITE 278A
HOUSTON, TX 77056
The Webpage Site is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). The Webpage Site respects the legitimate rights of copyrights owners, and has adopted an efficient notice and takedown procedure as required by the DMCA and described below. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide webmasters in restoring access to websites that are disabled due to mistake.
Table of Contents
Notice to Owners of Copyrighted Works
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. There are two parts to the legal procedure: () Writing a Proper DMCA Notice, and ) Sending the Proper DMCA Notice to The Webpage Site’s Designated Agent.
How to Write a Proper DMCA Notice
A Proper DMCA Notice will notify The Webpage Site of particular facts in a document signed under penalty of perjury. To Write a Proper DMCA notice, please provide the following information:
· Identify yourself as either:
. The owner of a copyrighted work(s), or
. A person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
· State your contact information, including your TRUE NAME, street address, telephone number, and email address.
· Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing at a single website, a representative list of the works.
· Identify the material that you claim is infringing your copyrighted work, to which you are requesting that The Webpage Site disable access over the World Wide Web.
· Identify the location of the material on the World Wide Web by providing information reasonably sufficient to permit The Webpage Site to locate the material.
· State that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agents, or the law.
· State that the information in the notice is accurate, under penalty of perjury.
· Sign the notice with either a physical or electronic signature.
Sending The Proper DMCA Notice to the Designated Agent
To exercise your DMCA rights, you must send your Proper DMCA Notice to the following agent designated by The Webpage Site (the “Designated Agent”). The contact information for The Webpage Site’s Designated Agent is:
PO Box 7042
Houston, Tx 77248
What We Do When We Receive A Proper DMCA Notice
The Webpage Site will follow the procedures provided in the DMCA, which prescribed a notice and takedown procedure, subject to the webmaster’s right to submit a Counter-notification claiming lawful use of the disabled works.
Notice and Takedown Procedure
It is expected that all users of any part of the The Webpage Site system will comply with applicable copyright laws. However, if The Webpage Site is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. The Webpage Site will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Notice to Users of The Webpage Site Systems
Pursuant to the Agreement you agreed to when you were permitted to become a System User, you are required to use only lawfully-acquired creative works as website content, and your website may be disabled upon receipt of notice that infringing material is appearing there. The Webpage Site also respects the legitimate interests of webmasters in utilizing media content lawfully, being permitted to present a response to claims of infringement, and obtaining timely restoration of access to a website that has been disabled due to a copyright complaint.
Your System Use privileges will also be suspended. You may protest a DMCA notice by submitting a Counter-notification as described below.
Writing and Submitting a Counter-notification
If access to your website is disabled due to operation of the The Webpage Site notice and takedown procedure described above, and you believe the takedown was improper, you must submit a Counter-notification.
To Write a Proper Counter-notification, please provide the following information:
· State that access to your website was disabled due to operation of the notice and takedown procedure.
· Identify the material that has been removed and designate its URL prior to removal.
· State, under penalty of perjury:
. Your name, address, and telephone number,
That you have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material.
. That you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.
To exercise your DMCA rights, you must send your Counter-notification to the “Designated Agent” for The Webpage Site, whose contact information is:
PO Box 7042
Houston, Tx 77248
The Webpage Site may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers.
Accommodation of Standard Technical Measures
It is The Webpage Site’s policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
Policy With Regard To Non-Compliant Communications
The Webpage Site has discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented.
Submission of Misleading Information
The submission of misleading information of any sort in a notification or counter-notification submitted to The Webpage Site voids any claim of right made by the submitting party.